2022 QCCQ 11713, 2022 QCCQ 11713

Protection de la jeunesse — 226845 2022 QCCQ 11713 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] Youth Division No: 640-41-002763-222 640-41-002764-220 DATE: December 1, 2022 ______________________________________________________________________ BY THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in […] Applicant and X, born on [...], 2021 Y, born on [...], 2017 Children and A Mother and B Father ______________________________________________________________________ JUDGMENT ON APPLICATIONS FOR REVIEW (First paragraph of

section 95 of the Youth Protection Act , CQLR, c. P-34.1 ) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified. Any person who contravenes this provision commits an offence and is liable to a fine (sections 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection has applied for the review of the decisions under s. 38 of the Youth Protection Act rendered on June 7, 2022, by the Honourable Peggy Warolin, J.C.Q.

In those decisions, she declared that the security and development of the children were in danger under s. 38 (b)(1)(iii), (

c) and (e)(2) of the Youth Protection Act [1] and she entrusted them to the mother as long as the mother and the father were never together in the presence of the children. [ 2 ] The Director of Youth Protection is now asking to have the children fostered for another year. [ 3 ] At the hearing, the children were represented by counsel. The mother was present by videoconference and assisted by counsel.

The father had been duly notified, but he was not present or represented by counsel. [ 4 ] The mother admitted that: • since the last Court hearing, the children had remained with her, to the exclusion of the father, until June 12, 2022; • when Youth Protection arrived at her house, she was feeding X and disclosed that she had consumed a few beers. She stated that the father had been in the house earlier and that he had also been intoxicated.

X was then brought to a foster family for the night; • since Y was not at home at the time of the event, Youth Protection went to look for him in the community; • on June 12, 2022, Youth Protection took an immediate protective measure and entrusted the children to a foster family. The parents were unable to provide a safe and stable environment for the children, who were highly vulnerable, or to give priority to their needs. [ 5 ] The mother is now pregnant, and she is expecting her baby in […] 2023. She is living with the father and has been sober since June, to get her children back.

She stated at the hearing that she is also not drinking because she is pregnant. [ 6 ] The Youth Protection worker testified that Y is fostered in Town A and X in Town B. [ 7 ] The mother sees X every second day. The father has a full-time job. The parents had a visit with Y in November and it went well. The Director of Youth Protection is working to have Y fostered in Town B with X. The Director of Youth Protection is also

working on a reintegration plan to return the children with the parents. [ 8 ] The Youth Protection worker admitted that they have no occurrence report from the local police involving the parents. She also confirmed that the mother remains sober when she is pregnant, but it is difficult for her to stay sober after she gives birth. Analysis: [ 9 ] The Court concludes that the security and development of the children are still in danger.

The parents have a serious alcohol addiction problem, which has apparently changed in the last few months, as they have stopped drinking to get their children back. [ 10 ] The burden is on Youth Protection to prove on a balance of probabilities that it is necessary to foster the children for their security. The applicant was not able to find a foster family for Y in his community. He is only five years old, and he misses his family. [ 11 ] The mother’s motivation to stop drinking is to have her children back. According to the evidence that the Court has, the parents have been sober for the last few months.

The mother is pregnant and she does not drink when she is pregnant, and the father is working full time. [ 12 ] Of course, the situation is recent and fragile, but it is established by the evidence and the Court concludes that the children can return with their parents, but under the supervision of the Director of Youth Protection.

FOR THESE REASONS, THE COURT: [ 13 ] GRANTS the applications IN PART ; [ 14 ] REVIEWS the decision rendered on June 7, 2022, by Justice Warolin; [ 15 ] DECLARES that the security and development of X, born on [...], 2021, and of Y, born on [...], 2017, are still in danger; [ 16 ] ENTRUSTS the children to the mother; [ 17 ] ORDERS that the children and the children’s parents take an active

part in the application of the measures; [ 18 ] ORDERS the parents to collaborate with the Director of Youth Protection; [ 19 ] ORDERS that the parents report in person at least twice a month to the Director of Youth Protection to inform him of their current situation; [ 20 ] AUTHORIZES unannounced visits at the parents’ residence; [ 21 ] ORDERS the parents to remain sober in the presence of the children; [ 22 ] ORDERS the parents to abstain from violence in the presence of the children; [ 23 ] AUTHORIZES the Youth Protection worker to have access to any occurrence reports from the [Police Service A] of Town B; [ 24 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children and the children’s family; [ 25 ] ORDERS the execution of the present order by any peace officer; [ 26 ] ENTRUSTS the situation of the children to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 27 ] THE WHOLE until November 30, 2023 . __________________________________ MARC OUIMETTE, J.C.Q.

Mtre Justine Carli-Trudeau Cain Lamarre, s.e.n.c.r.l. Counsel for the applicant Mtre Lythiana Joelle Niyonkuru Centre communautaire juridique A Counsel for the children Mtre Angèle Tommasel Counsel for the mother

Date of hearing: December 1, 2022